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Latest Property Disputes News

Court of Appeal—final injunctions against persons unknown (London Borough of Barking and Dagenham v Persons Unknown)

Court of Appeal—final injunctions against persons unknown (London Borough of Barking and Dagenham v Persons Unknown)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal—final injunctions against persons unknown (London Borough of Barking and Dagenham v Persons Unknown)

Telecoms—Part 5 valuation (EE Ltd v Affinity Water Ltd)

Telecoms—Part 5 valuation (EE Ltd v Affinity Water Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Telecoms—Part 5 valuation (EE Ltd v Affinity Water Ltd)

Restrictive covenant not enforceable for want of annexation (Bath Rugby v Greenwood)

Restrictive covenant not enforceable for want of annexation (Bath Rugby v Greenwood)

The following Property Disputes news provides comprehensive and up to date legal information on Restrictive covenant not enforceable for want of annexation (Bath Rugby v Greenwood)

Property Disputes weekly highlights—20 January 2022

Property Disputes weekly highlights—20 January 2022

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—20 January 2022

Featured Property Disputes content

Mortgagee in possession

Mortgagee in possession

Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...

Claims for use and occupation, mesne profits, double rent and double value

Claims for use and occupation, mesne profits, double rent and double value

Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...

Occupiers’ liability

Occupiers’ liability

Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...

In an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can the court make an order for 'partitioning' under TOLATA 1996, s 7? If so, what does partitioning mean? Can the claimant ask the court to divide the land comprised in the trust so that the parties solely own different parts of it?

In an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can the court make an order for 'partitioning' under TOLATA 1996, s 7? If so, what does partitioning mean? Can the claimant ask the court to divide the land comprised in the trust so that the parties solely own different parts of it?

In an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can the court make an order for...

Q&As

In relation to a leasehold title, what is an overriding lease relating to the property. How does this affect the title and how can the issue be rectified?

In relation to a leasehold title, what is an overriding lease relating to the property. How does this affect the title and how can the issue be...
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Produced in partnership with Martin Codd of Penningtons Manches Cooper 16th Nov
Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim...
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Produced in partnership with Desmond Kilcoyne 16th Nov
Precedents

Service charges—summary of tenants’ rights and obligations

Service charges—summary of tenants’ rights and obligations1This summary, which briefly sets out your rights and obligations in relation to variable...
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16th Nov
Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954Tenant's request for a new business tenancyThese drafting notes are for...
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16th Nov
Practice notes

Termination for breach of property contract

Termination for breach of property contractRescission can either mean a contract is discharged by breach, or that a contract is treated as if it never...
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16th Nov
tag iconCOVID-19
Q&As

An individual has had uninterrupted use of land for over 20 years but the use is then interrupted for a significant period (3–4 years). Would this interruption defeat a claim for a prescriptive easement? If it would not, is there a time limit within which the claim must be brought from the date of the interruption?

An individual has had uninterrupted use of land for over 20 years but the use is then interrupted for a significant period (3–4 years). Would this...
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16th Nov
Practice notes

Release from landlord's covenants—LT(C)A 1995

Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
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16th Nov
Practice notes

Pre-action protocol—possession claims based on mortgage or home purchase plan arrears in respect of residential property

Pre-action protocol—possession claims based on mortgage or home purchase plan arrears in respect of residential propertyCoronavirus (COVID-19): During...
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16th Nov
Practice notes

What happens to a lease when the tenant's liquidator disclaims?

What happens to a lease when the tenant's liquidator disclaims?This Practice Note covers what happens to a lease on disclaimer and the effect of...
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16th Nov
Practice notes

Bringing a residential tenancy to an end in Scotland

Bringing a residential tenancy to an end in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice...
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Produced in partnership with Gavin Deeprose of DLA Piper 16th Nov
tag iconScottish Law
Q&As

Does section 3 of the Landlord and Tenant Act 1985 apply to assured shorthold tenancies?

Does section 3 of the Landlord and Tenant Act 1985 apply to assured shorthold tenancies?The Landlord and Tenant Act 1985 (LTA 1985) was originally a...
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16th Nov
Practice notes

PACT—Professional Arbitration on Court Terms

PACT—Professional Arbitration on Court TermsProfessional Arbitration on Court Terms (PACT) is a joint initiative introduced in 1997 by the Royal...
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16th Nov
Q&As

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all...
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Produced in partnership with Kate Andrews of Hamlins 16th Nov
Q&As

Can a declaration of ownership of a piece of land or adverse possession in the alternative be pleaded together?

Can a declaration of ownership of a piece of land or adverse possession in the alternative be pleaded together?One of the primary remedies sought by a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Nov
Q&As

Is there any way of enforcing a positive covenant (maintenance of a wall) against an adjoining land owner’s successor in title where in a subsequent conveyance of the adjoining land no obligation was placed on the successor in title to comply with the positive covenant?

Is there any way of enforcing a positive covenant (maintenance of a wall) against an adjoining land owner’s successor in title where in a subsequent...
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16th Nov
Q&As

Are party wall awards personal to the parties, or do they bind successors in title?

Are party wall awards personal to the parties, or do they bind successors in title?Section 20 of the Party Wall etc. Act 1996 defines the building...
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16th Nov

Popular documents

Convention rights—structure of qualified rights

Convention rights—structure of qualified rights

Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a